Saving Seafood

Commercial fishermen ask court to block NY offshore wind energy lease

December 12, 2016 — Commercial fishing industry groups are asking a federal court to delay a planned Dec. 15 federal lease auction of 127 sq. mi. of seafloor off New York for wind energy development.

Led by the Fisheries Survival Fund, representing the East Coast sea scallop fleet, the organizations – joined by coastal towns where fishing is a major employer – seek an injunction against U.S. Interior Secretary Sally Jewell and the Bureau of Ocean Energy Management.

The move comes after months of circling by BOEM and commercial fishing interests from Massachusetts and New Jersey – including the prosperous sea scallop industry, which has enjoyed historic abundance and high prices for the shellfish. They fishermen were joined in the action by Narragansett, R.I., New Bedford, Mass., and Barnegat Light, N.J., where fishing provides good employment.

In their complaint, the critics say BOEM “grossly underestimated” the level of fishing activity in the proposed New York Wind Energy Area, a shortcoming industry advocates tried to remedy by providing tracking data from boats towing for scallops and squid.

Fishermen say the results show “spaghetti tracks” demonstrating that proposed lease areas are important fish habitat and seafood sources.  In court papers, captain James Lovgren from the Fishermen’s Dock Cooperative in Point Pleasant Beach, N.J., recounted bringing plotter data to BOEM that showed “the proposed windmill site was completely covered by track marks from the vessels.”

Lovgren says he and other fishermen were not notified of subsequent public listening sessions held by BOEM, despite having provided their contact information.

Read the full story at WorkBoat

NEW BEDFORD STANDARD-TIMES: The long view on offshore wind

December 12, 2016 — A consortium of entities with fishing interests – including the City of New Bedford – aims to block Thursday’s auction for wind rights in the ocean off of Long Island, claiming the fishing industry hasn’t had a full seat at the table.

One can readily see the value in the Edison’s saying above by comparing how the steadily advancing offshore wind industry has been greeted by fishing interests in New York and Massachusetts. While the federal government has been less than perfect in its consideration of Northeast fishing resources – see the recent ocean monument designations as an example where fishing interests’ reasonable options were ignored to the detriment of future harvests – the auctions that produced three leases for wind farms off the Massachusetts coast demonstrated effective outreach from the Bureau of Ocean Energy Management to fishermen. As a result, Massachusetts sits prepared, ready to answer when opportunity knocks, and New York is on tenterhooks.

This example illustrates the strategic commitment made in the Bay State and that has been broadly demonstrated regarding offshore wind. From academics and job training, to infrastructure and research, the coordination being described by varied activities should be cause for patient, measured optimism here.

Business and political leaders here have recognized that there are numerous assets waiting to be plugged in to the massive system required to support a mature and significant offshore wind industry. They have so far been patient enough to develop synergies organically.

Workforce development has begun with wind-specific programs in Bristol Community College and UMass Dartmouth, and at UMass Amherst, where wind energy research and development were born in 1971. The industry will benefit from the theoretical in Amherst to the most practical at UMass Dartmouth, where graduate programs in environmental policy and law help the legal framework to evolve, and where the rapidly expanding School of Marine Science and Technology provides unique, invaluable expertise on the geology and biology where turbines will be installed, in its backyard, so to speak.

Similarly, improvements to railways into New Bedford and assessments of waterfront land use will pay off as state assets like New Bedford’s South Terminal and the Charlestown blade testing facility become more and more useful.

Read the full editorial at the New Bedford Standard-Times

Tagging study of gray seals could cost a half million dollars

December 12, 2016 — NANTUCKET, Mass. — As David Pierce sat at the table at the Nantucket Seal Symposium last month, he said one image came to mind: private pilot Aaron Knight’s video from April of miles of gray seals, a dozen deep, cheek by jowl, banding the Monomoy shoreline.

Recently appointed as director of the state Division of Marine Fisheries, Pierce is a veteran of decades of fisheries negotiations as former director Paul Diodati’s proxy on the New England Fishery Management Council. Fishery managers live and die by population estimates – known as stock assessments – that help set sustainable catch levels for commercial fishermen, so it was disconcerting to hear that the same level of science had not been applied to the predators who eat them.

“The determination of population size is extremely important, especially in the context of ecosystem management in New England,” Pierce said. “If (gray seals) are out there in large numbers foraging, what might their impact be on the Georges Bank ecosystem?”

The answer will not be coming any time soon, according to federal fisheries officials at the symposium.

“It’s just an expensive number to get,” said Sean Hayes, the National Oceanic and Atmospheric Administration branch chief for protected species in the Northeast.

Kimberly Murray, coordinator of the seal research program at NOAA Fisheries Northeast Fisheries Science Research Center in Woods Hole, said it could cost as much as a half million dollars to conduct the tagging study alone.

The operational budget for seal research is around $10,000, Hayes said, although that doesn’t include the salaries for the two full-time and two part-time employees in the program.

Federal agencies are required to stick to the budgets they are allocated by Congress, and NOAA can’t shift money around among species. Because of their historic comeback from virtual extinction in New England waters, gray seals are far down on the budget priority list, Hayes explained, and get minimal funding. To put more money into seal research, he’d have to take it from other programs for more highly endangered species such as right whales during the budget process, and make a successful plea to put that amount into seals.

“We definitely want to try and find the resources to do the whole population count, but competing resource priorities from headquarters for species like the right whales, or a roof collapse at a science center, that comes up every year,” Hayes said. “Headquarters is getting hit by all the science centers. Everyone has an urgent priority.”

The region’s fishermen have been asking in vain for years for the National Oceanic and Atmospheric Administration’s fisheries division to give them a true population number for gray seals to gauge their impact on fish stocks such as cod, haddock, flounders and striped bass. With the arrival of hundreds of great white sharks to inshore waters of Cape Cod every year, to feast on members of the largest gray seal colony in the U.S., new voices have emerged with concerns about public safety.

“Where is this headed and how are we going to know at what rate this population is increasing if we don’t know what the number is now?” asked Orleans Natural Resources Manager Nate Sears.

Their resurgence is both a Marine Mammal Protection Act success story and a cause for concern.

Read the full story at the Cape Cod Times

Court Accepts New Bedford Mayor’s Declaration in Support of Lawsuit Against BOEM

December 9, 2016 — WASHINGTON (Saving Seafood) – This morning, the court accepted a declaration by New Bedford Mayor Jon Mitchell in support of a lawsuit filed yesterday by a group of 12 commercial fishing organizations, businesses and municipalties including the Fisheries Survival Fund and the City of New Bedford. The lawsuit alleges the federal government’s Bureau of Ocean Energy Management (BOEM), failed to adequately consider the voices of commercial fishermen in the consideration of a proposed offshore wind farm off the coast of New York.

“During my administration, the City also has become a national leader in the development of the offshore wind industry,” said Mayor Mitchell. “Among other initiatives, my administration established the New Bedford Wind Energy Center, the only local economic development agency of its kind in the US, and has facilitated investment in port infrastructure and workforce training programs to support the industry.”

When BOEM previously designated wind lease areas off the coasts of Rhode Island and Massachusetts, New Bedford worked hand-in-hand with BOEM to ensure fishing voices were considered. Consequently, the wind lease areas were drawn in such a way that they had minimal impact on the commercial fishing industry. In the case of the proposed New York wind farm, however, BOEM, according to the Mayor, has failed to take the same steps to ensure commercial fishing voices are heard.

“The City of New Bedford is joining this lawsuit because in its assessment of the New York Bight for offshore wind development, BOEM has not properly considered the legitimate concerns of the fishing industry,” said Mayor Mitchell. “I believe the opening of the New York Bight for offshore wind leasing, as currently proposed, will cause direct harm to existing fishing interests in New Bedford and elsewhere.”

Read Mayor Mitchell’s full declaration here

Fishing interests, New Bedford sue feds over New York wind turbines

December 9, 2016 — NEW BEDFORD – The New Bedford-dominated northeastern scallop industry, aided by fishing interests in four states, is suing the federal government to try to block a 127 square-mile wind turbine development in what they say are crucial fishing grounds south of Long Island.

The complaint, filed Thursday in U.S. District Court in Washington, D.C., seeks an injunction to stop a Dec. 15 auction in which the federal Bureau of Ocean Energy Management is selling a lease on the location. The scallop industry group Fisheries Survival Fund is leading a dozen plaintiffs, including the City of New Bedford, the Town of Narragansett, R.I., the Long Island Commercial Fishing Association, and other entities in Rhode Island and New Jersey.

“The people that make their living on the water were the last ones considered, not the first,” said David Frulla, attorney for the plaintiffs.

Important for scalloping, the area is also one of five main locations to fish for squid in the northeast, he said.

The plaintiffs allege that the bureau has not done enough to seek alternate locations to the one sought by an unsolicited proposal from three New York energy companies: New York Power Authority, Long Island Power Authority, and Consolidated Edison. The companies want to put 194 turbines on about 81,000 acres, according to the complaint.

The complaint says that rather than seek alternatives now, the bureau has deferred analyzing the appropriateness of the site until years from now, after the developers have already invested a substantial amount money.

“In effect, (the bureau) has permitted private companies to lay claim to valuable ocean areas without an adequate public process,” the complaint says.

Bureau spokeswoman Tracey Moriarty said when the agency received the proposal, it embarked on a competitive lease process that included public comment, and it deleted 1,780 acres known as Cholera Bank after the National Marine Fisheries Service identified it as a sensitive area.

Read the full story from the New Bedford Standard-Times

New Net Aims to Help Maine Fishermen Land Fewer Cod

December 9th, 2016 — Some fishermen are pinning their hopes on a new kind of trawl net at use in the Gulf of Maine, designed to scoop up abundant flatfish such as flounder and sole while avoiding species such as cod, which regulators say are in severe decline.

For centuries, cod were plentiful and a prime target for the Gulf of Maine fleet. But in recent years catch quotas have been drastically reduced as the number of cod of reproductive age dropped perilously low, according to regulators.

For many boats, that turned the formerly prized groundfish into unwanted bycatch.

But, for fishermen, it can be tough to avoid cod while trying to catch other fish. And the stakes are high.

“Say tomorrow I go out, have a 10,000 set of cod and I only have 4,000 pounds of quota, essentially your sector manager — the person that oversees this — would shut me down,” says Jim Ford, whose trawler, the Lisa Ann II, is based in Newburyport, Massachusetts.

Not only that, Ford would be forced to “lease” cod quota allowances from other fishermen to cover his overage. The cost of such leases, he says, can quickly outweigh the value of the cod that’s inadvertently landed.

“And I would pay a ridiculous price. And then you’re shut down, you can’t even go fishing,” he says.

Read the full story at Maine Public Radio 

Fishing groups seek Atlantic wind farm delay

December 8, 2016 — MINEOLA, N.Y. — Commercial fishing companies, trade groups and three fishing-based municipalities are seeking to delay the lease sale of an Atlantic Ocean site between New York and New Jersey that federal officials envision as the home of a massive offshore wind energy project.

The Associated Press obtained a copy of a 45-page motion ahead of its filing Thursday in federal court in Washington, D.C. It seeks a temporary restraining order halting the Dec. 15 lease sale. Those seeking a delay include groups representing scallop and squid fishermen, the Long Island Commercial Fishing Association and the city of New Bedford, Massachusetts.

The motion seeks to delay the Bureau of Ocean Energy Management’s plans for developers to build a 127-square-mile, 194-turbine offshore wind farm. The United States still has no offshore wind projects online, though BOEM has awarded 11 commercial offshore wind leases for sites in the Atlantic. Some major projects have been delayed by political opposition.

A BOEM spokeswoman said the agency doesn’t comment on pending litigation.

The country’s first offshore wind farm, a tiny project off Rhode Island with just a few turbines, is expected to debut this month.

The court motion argues that BOEM failed to consider alternative sites and contends that besides negative impacts on scallop and squid fishing, others who harvest fish species including summer flounder, mackerel, black sea bass and monkfish also would be negatively affected. When it announced final plans for the lease sale earlier this fall, BOEM said it had removed about 1,780 acres from the initial proposal because of environmental concerns.

The plaintiffs referred to that as a “diminutive change” in their motion. The fishing groups said they aren’t opposed to wind farms. But they argue that site alternatives weren’t considered and that conducting site analysis after a lease sale is completed will be too late.

“BOEM must carry out the proper analysis prior to officially leasing out areas to companies for construction, due to the importance of this fishery area,” said James Gutowski, president of the Fisheries Survival Fund, who is a scallop fisherman from Barnegat Light, New Jersey; the group is the lead plaintiff in the lawsuit.

“It must adequately and accurately characterize the potential impacts to the industry from construction on this site,” Gutowski said.

Read the full story at the Associated Press

Scallop & Fishing Industry, Municipalities, Sue Feds to Ensure Seafood Interests Are Considered in NY Bight Wind Energy Project

December 8, 2016 — The following was released by the National Coalition for Fishing Communities:

WASHINGTON — December 8, 2016 – The Fisheries Survival Fund (FSF), which represents the majority of the limited access Atlantic scallop fleet, is the lead plaintiff in a lawsuit seeking a preliminary injunction to delay an anticipated lease sale for the development of a 26-mile long wind farm project approximately 11 miles off the coast of Long Island, scheduled for December 15, 2016. The story was broken today by the Associated Press.

The filing alleges that the leasing process for the Bureau of Ocean Energy Management (BOEM) did not adequately consider the impact the proposed New York Wind Energy Area would have on the region’s fishermen. The site chosen for the 127 square mile wind farm is in the waters of the New York Bight on vital, documented scallop and squid fishing grounds, which serves as essential fish habitat and grounds for other commercially important species, including black sea bass and summer flounder. It is also an important foraging area for threatened loggerhead sea turtles and critically endangered North Atlantic right whales.

The lawsuit argues that fishermen’s concerns regarding the location of the lease area received “virtually no attention or analysis” from government officials ahead of the planned December 15 lease sale, despite fishing stakeholders repeatedly making their concerns known. It further states that BOEM failed to identify the proposed wind farm’s environmental, economic, social, and cultural impacts, and failed to “consider alternative sites in an open, collaborative, public forum.”

Several other members of the National Coalition for Fishing Communities (NCFC)—including commercial fishing organizations, businesses, and communities that depend on the sustainable use of Atlantic Ocean resources—have joined the lawsuit. The suit was filed against Secretary of the Interior Sally Jewell, BOEM, and BOEM Director Abigail Hopper.

Organizations joining the lawsuit include: the Garden State Seafood Association and the Fishermen’s Dock Co-Operative in New Jersey; the Long Island Commercial Fishing Association in New York; and the Narragansett Chamber of Commerce and Rhode Island Fishermen’s Alliance in Rhode Island.

The City of New Bedford, Massachusetts, the nation’s top-grossing fishing port; the Borough of Barnegat Light, New Jersey; and the Town of Narragansett, Rhode Island have joined as plaintiffs. Also joining are three fishing businesses: SeaFreeze Shoreside, Sea Fresh USA, and The Town Dock.

The New York Bight consists of the waters from Cape May Inlet in New Jersey to Montauk Point on the eastern tip of Long Island, and offshore to the outer edge of the Continental Shelf, where the coasts of New York and New Jersey form an upside-down L around shallow waters of the Atlantic Ocean.

The plaintiffs are represented by the law firm of Kelly, Drye & Warren.  The case will be heard by Judge Tanya Chutkan in the United States District Court for the District of Columbia, Case No. 1:16-cv-02409.

Press inquiries should be directed to Bob Vanasse at Stove Boat Communications, 202-333-2628.

Read the full legal filing and declarations from the plaintiffs at atlanticscallops.org

A mystery at sea unfolds in New Bedford

December 5th, 2016 — A mystery is unfolding at the New Bedford Fishing Heritage Center.

 It all started last month when the fishing vessel Jean Marie out of Newport, North Carolina raised its nets and found pieces of wood, a five-part block with wooden shives, a single block with a hook on it, a knee brace and other pieces of wreckage. The fishing vessel was fishing in 55 fathoms of water (between 250 and 300 feet), just east of the Great South Channel shipping lanes.

It is not uncommon for fishermen to find strange objects in their nets, but what is unusual is that the crew of the Jean Marie recorded the location of their find about 50 miles east-southeast of Nantucket, said Victor T. Mastone, director and chief archaeologist with the state Board of Underwater Archaeological Resources.

The nautical position is North 41 08.52 x West 69 07.39.

On Friday, a few weeks after the discovery, a state official, a university professor, a fishing captain and Heritage Center officials met for a little over an hour to view the materials and to try and figure out exactly what they have on their hands.

Read the full story at The Portsmouth Herald

MASSACHUSETTS: Weeks after shellfishing ban is lifted, Wellfleet worries remain

December 5th, 2016 — A soft rain falls just before sunrise and Jason Weisman is at work on Duck Creek armed with a knife and a bushel basket, scouring the muddy shoreline for food that supports his young family, still asleep in their beds miles down the road.

He’s cooked in kitchens in the North End and Allston. He’s worked on lobster boats. He’s studied painting and has a keen appreciation for art. And now, at his feet, he recognizes the artistry before him.

“It sparkles like a diamond when the light hits it just right,’’ he tells me, holding a freshly harvested oyster, the shellfish that has become his passion and livelihood.

He’s got his eyes on the water and on the horizon, preferring to look ahead and forget about the economic calamity from which he is just emerging — a month-long shellfishing ban that has staggered him and his town.

Read the full story at The Boston Globe